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(영문) 수원지방법원 2016.07.20 2016가단504281

손해배상(기)

Text

1. The Defendant’s KRW 67,119,225 to the Plaintiff, as well as 5% per annum from June 21, 2014 to July 13, 2016.

Reasons

1. Evidence Nos. 1 through 7, No. 1, and the purport of the whole pleadings;

A. The Defendant, who acquired the Defendant’s consultation on public land, completed the registration of ownership transfer due to the acquisition of public land by consultation on June 21, 2004 under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Act”), for the road confirmation and packaging construction (hereinafter “instant road project,” and the Gyeonggi-do Public Notice C, March 29, 2004).

B. On September 21, 2006, the land equivalent to 17,461,00 square meters in Pyeongtaek-si E, F, G, H, and I, including the land in this case where the Defendant’s suspension of the road project in this case was designated and publicly announced as the “an internationalization planned district and a planned area for housing site development,” implemented by the Gyeonggi-do and the Korea Land Corporation.

(hereinafter) On May 30, 2008, the instant housing site development project was modified to the Gyeonggi-do, the Korea Land Corporation, the Gyeonggi-do Si Corporation, the Gyeonggi-do Si Corporation, the name of the operator, and the name of the operator of the Special Act on the Support, etc. of Pyeongtaek-si, etc. before the U.S. base of U.S. is modified to the “I International Residential Zone and the planned area of housing site development” (Public Notice of the Ministry of Land, Transport and Maritime Affairs), and the Minister of Land, Transport and Maritime Affairs approved and publicly announced the development plan for the said modified housing site development project through the above public notice on the same day. The instant land was included in the land subject to the expropriation of the instant housing site development project.

2. The allegations by the parties and the judgment of this court

A. (1) The land owner at the time of acquisition shall be the land within 10 years from the date of acquisition, in case where the whole or part of the acquired land, etc. becomes unnecessary due to the discontinuation, alteration, or any other cause of the pertinent public project within 10 years from the date of acquisition of the land, etc. under Article 91(1) of the Public Works Act.